1. Purpose

1.1 The purpose of this report is to seek the approval of Cabinet for the revocation of four of Northampton’s Air Quality Management Areas (AQMAs) as identified in a Further Assessment of Air Quality Report from November 2011.

2. Recommendations

2.1 It is recommended that cabinet approval is granted to issue a revocation order for the following AQMAs:

- Barrack Road
- Park Avenue North
- A45 (Riverside)
- Lumbertubs Way 2.2 Draft revocation orders are contained in Appendices 1 – 4 of this report.

3. Issues and Choices

3.1 Report Background

3.1.1 The Air Quality (England) Regulations 2000 regulations identify limits for seven pollutants for which a local authority is required to regularly screen and intervene where an exceedance is identified, normally by declaring an Air Quality Management Area.

3.1.2 Northampton Borough Council is actively engaged in the review and assessment of its local air quality, and has demonstrated that for the majority of pollutants specified in the regulations, that it is compliant with them.

3.1.3 For one pollutant, Nitrogen Dioxide (NO$\_2$), Northampton Borough Council has been required to declare a number of AQMAs due to exceedances of the annual mean objective for this particular pollutant in eleven areas of the Borough. The principal source of this pollutant has been identified as motor vehicles.

3.1.4 In November 2011 the Public Protection Division of Northampton Borough Council completed a further review of the eleven AQMAs previously declared by the Council. This report concluded that the annual average concentrations of NO$\_2$ in four of these AQMAs are now compliant with the relevant Air Quality Objectives and should be revoked. Pollution contours that were used to justify the decision to recommend revocation of the four AQMAs are reproduced at Appendix 5.

3.1.5 The further review report has been submitted to the Department for Environment, Food and Rural Affairs for 3rd party technical appraisal. The conclusions of this report were accepted, and therefore approval is now sought to revoke the Air Quality Management Areas at Barrack Road, Park Avenue North, A45 (Riverside) and Lumbertubs Way.

3.2 Issues

3.2.1 None are identified.

3.3 Choices (Options)

3.3.1 It is not considered that any other choices (options) need to be recommended.

4. Implications (including financial implications)

4.1 Policy

4.1.1 There are no policy implications 4.2 Resources and Risk

4.2.1 No immediate financial implications have been identified for the revocation of an Air Quality Management Area. Northampton Borough Council is required to publicise the revocation of an AQMA (see 4.3.1). However, there is no specified method, e.g. public notice. Therefore the Council may identify the most cost effective method available to it.

4.2.2 In order to keep local businesses and residents abreast of action being taken by Northampton Borough Council, circular letters will be utilised to notify individuals within the areas to be revoked of changes. It is not anticipated that this will create any excessive burden with respect to existing departmental workloads.

4.2.3 Local community groups within the areas affected will also be notified of the revocation of the above-mentioned AQMAs.

4.3 Legal

4.3.1 The guidance set out in Part IV of the Environment Act 1995 Local Air Quality Management Policy Guidance (PG 09) states that;

- Local authorities will be expected to take relevant action within four months following receipt of comments from DEFRA.
- Where a local authority considers it necessary to amend or revoke an AQMA, DEFRA expect the authority to consult all the relevant statutory consultees, local stakeholders, businesses and members of the public.
- Once a revocation has taken place the local authority should submit the order to DEFRA for information. Local authorities should also notify other statutory consultees and publicise the amendment or revocation widely through the local media so as to ensure that the public and local businesses are fully aware of the situation.

4.4 Equality

4.4.1 The recommendations set out in this report apply equally to all residents and businesses in the areas concerned.

4.4.2 The wording of the revocation order takes into account equality issues as it applies equally to all persons.

4.5 Consultees (Internal and External)

4.5.1 Internal: Planning, Transportation and Regeneration, Legal and Finance, Press and PR

External: Northamptonshire County Council, Northamptonshire Primary Care Trust (PCT), West Northamptonshire Development Corporation, Highways Agency, South Northamptonshire Council, Daventry District Council, Kettering Borough Council, Borough Council of Wellingborough, Corby Borough Council, East Northamptonshire Council, Milton Keynes Council. 4.6 How the Proposals deliver Priority Outcomes

4.6.1 Within the Corporate Plan two priorities are identified whereby the revocation of the identified AQMAs helps to deliver priority outcomes. These are identified as:

- CP2 - Creating an attractive, clean and safe environment
- CP7 - Promoting health and well being

4.6.2 The revocation of four of Northampton’s AQMAs should be viewed as a ‘good news’ story since the air quality within Northampton can be considered better as there are now fewer AQMAs within the borough.

4.7 Other Implications

4.7.1 None identified.

5. Background Papers

5.1 Review and Appraisal Report (Ref: FA4-252) 2011 Air Quality Further Assessment for Northampton Borough Council

Neil Polden, Senior Environmental Health Officer, Extension 7648 Appendix 1 – Revocation Order for AQMA No 7 (Draft)

Northampton Borough Council Environment Act 1995 Part VI Section 83(2)(b) Order Revoking an Air Quality Management Order

The Northampton Borough Council (‘the Council’) in exercise of the powers conferred upon it by section 83(2)(b) of the Environment Act 1995 hereby makes the following Order.

1. This Order shall revoke the area known as Air Quality Management Area Order (No 7) for nitrogen dioxide (annual mean objective).
2. The revoked area is shown on the attached map.

Dated this \_\_\_\_\_ day of \_\_\_\_ 2012

THE COMMON SEAL of the NORTHAMPTON BOROUGH COUNCIL was hereunto affixed in the presence of:

Borough Solicitor

Seal Appendix 2 – Revocation Order for AQMA No 9 (Draft)

Northampton Borough Council Environment Act 1995 Part VI Section 83(2)(b) Order Revoking an Air Quality Management Order

The Northampton Borough Council (‘the Council’) in exercise of the powers conferred upon it by section 83(2)(b) of the Environment Act 1995 hereby makes the following Order.

1. This Order shall revoke the area known as Air Quality Management Area Order (No 9) for nitrogen dioxide (annual mean objective).
2. The revoked area is shown on the attached map.

Dated this \_\_\_\_\_ day of \_\_\_\_ 2012

THE COMMON SEAL of the NORTHAMPTON BOROUGH COUNCIL was hereunto affixed in the presence of:

Borough Solicitor

Seal Appendix 3 – Revocation Order for AQMA No 10 (Draft)

Northampton Borough Council Environment Act 1995 Part VI Section 83(2)(b) Order Revoking an Air Quality Management Order

The Northampton Borough Council (‘the Council’) in exercise of the powers conferred upon it by section 83(2)(b) of the Environment Act 1995 hereby makes the following Order.

1. This Order shall revoke the area known as Air Quality Management Area Order (No 10) for nitrogen dioxide (annual mean objective).
2. The revoked area is shown on the attached map.

Dated this \_\_\_\_\_ day of \_\_\_\_ 2012

THE COMMON SEAL of the NORTHAMPTON BOROUGH COUNCIL was hereunto affixed in the presence of:

Borough Solicitor

Seal Appendix 4 – Revocation Order for AQMA No 11 (Draft)

Northampton Borough Council Environment Act 1995 Part VI Section 83(2)(b) Order Revoking an Air Quality Management Order

The Northampton Borough Council (‘the Council’) in exercise of the powers conferred upon it by section 83(2)(b) of the Environment Act 1995 hereby makes the following Order.

1. This Order shall revoke the area known as Air Quality Management Area Order (No 11) for nitrogen dioxide (annual mean objective).
2. The revoked area is shown on the attached map.

Dated this \_\_\_\_\_ day of \_\_\_\_ 2012

THE COMMON SEAL of the NORTHAMPTON BOROUGH COUNCIL was hereunto affixed in the presence of:

Borough Solicitor

Seal Appendix 5 – Pollution Contour Maps

In law, the annual average limit value for NO$\_2$ is 40 μg/m$^3$ (microgrammes per cubic metre). Where exceedances of this limit value are identified and there are areas of relevant public exposure, i.e. where there are residential properties, a local authority is obligated to intervene. The following maps that are presented are pollution contour maps that detail the 2010 annual average NO$\_2$ concentrations modelled in the four AQMAs where approval for revocation is sought. Where there is an exceedance of the 40 μg/m$^3$ intervention level this is represented by a red/pink contour. It can be noted that on each map that all residential properties are located outside of the 40 μg/m$^3$ contour. Barrack Road Contour Pollution Contour Map Park Avenue North Pollution Contour Map Lumbertubs Way Pollution Contour Map A45 (Riverside) Pollution Contour Map